- 1 - NC: 2025:KHC-D:1253 CRL.P No. 100263 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.100263 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SHIVANAND S/O BABU KANABUR AGE: 26 YEARS, OCC: BUSINESS, R/O: OPP. BSNL OFFICE, NEAR LOKAPUR-MUDHOL ROAD, LOKAPUR-587 122, TQ: MUDHOL, DIST: BAGALKOT. … PETITIONER (BY SRI. ARUN L. NEELOPANT, SMT. KAVITA S.JADHAV AND SRI. N.B.JODALLI, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, REP. BY POLICE SUB-INSPECTOR, LOKAPUR POLICE STATION, LOKAPUR, THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD-583 101. 2. THE POLICE SUB INSPECTOR, LOKAPUR POLICE STATION, LOKAPUR, THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD-583 101. … RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE PROCEEDINGS INITIATED AS B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.27 16:35:13 +0530 - 2 - NC: 2025:KHC-D:1253 CRL.P No. 100263 of 2025 AGAINST THE PETITIOER IN LOKAPUR PS CRIME NO.51/2024 WHICH IS REGISTERED IN CC NO.547/2024 BY THE RESPONDENT POLICE U/SEC. 78(1) (a) (vi) OF KARNTAKA POLICE ACT PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC MUDHOL AS PER ANNEXURE-A, B AND C. THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Sri. Ashok T.Kattimani, learned Additional Government Advocate, accepts notice for the respondents. 2. The petitioner/accused is sought to be prosecuted for the offence punishable under Section 78(1)(a)(vi) of the Karnataka Police Act, 1963 (for short ‘the KP Act’). The case of the prosecution is that the petitioner/accused was found involved in a betting on a cricket match in Indian Premier League. 3. A Co-ordinate Bench of this Court, in Crl.P.No.2929/2020, has ruled that if Section 2(7) of the KP Act is examined, its explanation clearly states that a game of chance does not include any athletic game or sport. Cricket is a sport, and therefore, even if betting occurs, it cannot be brought within the ambit of the definition of ‘gaming’ as found in the KP Act. Consequently, the charge sheet filed by the police against the petitioner for the offence punishable under Section 78 of the KP Act lacks authority. Hence, the continuation of criminal proceedings would amount to an abuse of the process of law. - 3 - NC: 2025:KHC-D:1253 CRL.P No. 100263 of 2025 4. Accordingly, the petition is allowed. The impugned proceedings in CC No.547/2024 (arising out of Lokapur PS Crime No.51/2024) pending on the file of Prl. Civil Judge and JMFC, Mudhol, insofar it relates to the petitioner/accused herein, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS CT: List No.: 2 Sl No.: 45